Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, Civil Procedure Code, 1908, Order 15, Rule 5 -- Non payment of rent - Striking off defence - Applicability of provisions of CPC to Eviction proceedings - Held, provisions of CPC are not applicable to proceedings under Rent Act strictly - Yet principles can be applied in proceedings under Rent Act by Court..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application at the instance of a person not arrayed as defendant is not maintainable...........
Civil Procedure Code, 1908, Order 13, Rule 7, Stamp Act, 1899, Section 36, 61 -- Document not properly stamped - No objection raised by respondent regarding its admissibility - Held, since no objection was raised by respondents at the appropriate stage about admissibility of document, Court below was not justified in holding that document was not duly stamped hence..........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 22, Rule 1 -- Divorce petition - Dismissal of - Appeal thereagainst - Appellant/husband died during pendency of appeal - Application for bringing on record LRs. of deceased husband - Held, decree of dismissal of divorce petition of appellant/husband would continue to operate against his legal heirs..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte order/decree - Passing of - Duty of court - Held, court before proceeding ex parte against a defendant must cautiously see the process and report of service of summons and should not formally use the words that defendant was served but was absent - Court shall always be justified by recording cogent reasons in..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree - Setting aside - Husband remarrying after six months and had a child out of wedlock - Plea of wife that summons not duly served - Husband failed to prove that despite lawful service of summons and knowledge of pendency of proceeding, wife did not appear - Held,..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Held, while dealing with application to set aside ex parte decree or condoning delay in setting aside ex parte decree, Court will not deal with merits of case...........
Civil Procedure Code, 1908, Order 5, Rule 2, Civil Procedure Code, 1908, Section , Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside of - Summons not duly served with copy of plaint - Condonation of delay - Appellant had given contradictory statements - Facts were not properly disclosed in affidavit filed in support of application for..........
East Punjab Utilisation of Lands Act, 1949, Section 13(3)(a)(i), Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier eviction petition filed on ground of bona fide requirement of himself and one son - Petition dismissed on technical grounds that necessary ingredients of the provision of S.13(3)(a)(i) of Rent Act not pleaded - Revision still pending - Another..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte preliminary decree - Application for setting aside ex parte decree filed on 05.07.2008 and final decree was passed on 20.08.2009 - While final decree was passed, application for setting aside ex parte preliminary decree was pending - Held, it is perfectly within jurisdiction of court to entertain application to set..........
